Retirement Benefits Act

5A. Assistance in investigation

Edition: 2025-06-20 · In force

5A. Assistance in investigation

(1)The Authority may, where it receives a request from a regulatory body, whether established within or outside Kenya, for assistance in investigating a person specified by the regulatory body who has contravened or is contravening any legal or regulatory requirements which—

(a)are enforced or administered by that regulatory body; or

(b)relate to transactions regulated by that regulatory body,

and where it is of the opinion that the request meets the requirements of subsection (3), provide the assistance requested by exercising any of its powers under this Act or by providing such other assistance as the Authority may consider necessary.

(2)For the purposes of subsection (1), the provisions of this Act shall, with such modifications as may be necessary, apply and have effect as if the contravention of the legal or regulatory requirement referred to in subsection (1) were an offence under this Act.

(3)A regulatory body which requests for assistance under subsection (1) shall demonstrate that—

(a)it is desirable or expedient that the assistance requested should be provided in the interest of the public; or

(b)the assistance shall assist the regulatory body in the discharge and performance of its functions.

(4)The Authority shall, in determining whether the requirements of subsection (3) have been satisfied in any particular case, take into account whether the regulatory body shall—

(a)pay the Authority any of the costs and expenses incurred in providing the assistance; and

(b)be able and willing to provide reciprocal assistance within its jurisdiction in response to a similar request for assistance from Kenya.

(5)Nothing in this section shall be construed as limiting the powers of the Authority to co-operate or co-ordinate with any other regulatory body in the exercise of its powers under this Act, in so far as any such co-operation or co-ordination is not contrary to the objectives of this Act.

(Act No. 38 of 2013, s. 24)

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Source: Kenya Law